`Tel: 571-272-7822
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`Paper 27
`Entered: November 7, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`GOOGLE INC. AND YAHOO! INC.,
`Petitioners,
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`v.
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`CREATEADS LLC,
`Patent Owner.
`_______________
`
`Case IPR2014-00200
`Patent 5,535,320
`_______________
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`Before MEREDITH C. PETRAVICK, JENNIFER S. BISK, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
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`BISK, Administrative Patent Judge.
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`ORDER
`Termination of the Proceeding with Respect to Google Inc.
`35 U.S.C. § 317(a)
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`
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`IPR2014-00200
`Patent 5,535,320
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`
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`We instituted trial in this proceeding on May 9, 2014. Paper 10. On
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`October 15, 2014, the parties in this case requested that this proceeding be
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`terminated with respect to Google Inc. (“Google”) pursuant to 35 U.S.C. § 317(a).
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`Paper 22. The parties represent that Yahoo! Inc. (“Yahoo”) intends to continue
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`with this proceeding. Id. With their motion to terminate, Google and Patent
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`Owner also filed a copy of a written agreement terminating the underlying district
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`court litigation between them. Ex. 1021. The parties request that the agreement be
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`kept confidential. Paper 23.
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`This proceeding has not resulted in a final decision on the merits.
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`Accordingly, this proceeding is terminated with respect to Google. 35 U.S.C.
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`§ 317(a) (“An inter partes review instituted under this chapter shall be terminated
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`with respect to any petitioner upon the joint request of the petitioner and the patent
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`owner, unless the Office has decided the merits of the proceeding before the
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`request for termination is filed.”).
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`Accordingly, it is
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`ORDERED that the joint motion to terminate the proceeding with respect to
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`Google is granted;
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`FURTHER ORDERED that the joint request that the settlement agreement
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`(Ex. 1021) be treated as business confidential information and be kept separate
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`from the file of the involved patents under the provisions of 35 U.S.C. § 317(b)
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`and 37 C.F.R. § 42.74(c), is granted;
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`FURTHER ORDERED that this proceeding will continue with Yahoo! as
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`the sole named petitioner.
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`IPR2014-00200
`Patent 5,535,320
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`Petitioner:
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`C. Gregory Gramenopoulos
`c.gregory.gramenopoulos@finnegan.com
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`Richard Stroup
`Rich.Stroup@finnegan.com
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`Patent Owner:
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`John Kasha
`john.kasha@kashalaw.com
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`Kelly Kasha
`kelly.kasha@kashalaw.com
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